Mr Justice Silvio Meli has ordered the suspension of criminal proceedings against Joseph Camilleri, who is charged with drug trafficking, until such time as a constitutional application filed by Mr Camilleri against the Attorney General is heard and decided upon.

Mr Camilleri filed a constitutional application earlier this month. He told the court he was facing a trial by jury on drug charges. But he claimed that the power of the Attorney General to decide how charges were to be filed against an accused were in violation of the fundamental human right to a fair trial.

This, Mr Camilleri said, had already been decided by the European Court of Human Rights last January to be in violation of the right to a fair hearing.

As a result, Mr Camilleri filed another application in which he requested the court to suspend the criminal proceedings against him until such time as his constitutional application was decided upon.

In his judgment Mr Justice Meli said that the rule of law was paramount and had to be applied. In accordance with case law of the European Court of Human Rights a person who was in good faith was entitled to pursue his or her rights.

The courts were bound to properly administer justice.

He said that the trial by jury which Mr Camilleri was facing was the direct result of the choice exercised by the Attorney General in terms of the law.

Once the provisions of the law were being contested, the court acceded to Mr Camilleri's request and ordered the suspension of the trial until such time as the constitutional application was decided upon.